Clark v. National Surety Co.

Hutcheson, Justice.

1. The allegations that the former guardian had died, that his estate was unrepresented, and that neither he nor his surety had ever accounted with his ward, or with any other person authorized to receive it for any part of the ward’s estate, did not show a devastavit or breach of the bond given by such former guardian. There could be no recovery upon a bond of such guardian without allegation and proof of a devastavit by him. Ray v. Justices, 6 Ga. 303 (2) ; Justices of Inferior Court of Morgan Co. v. Woods, 1 Ga. 84 (2) ; United States Fidelity &c. Co. v. Davis, 2 Ga.…